UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World

Information Technology
March 21, 2019March 21, 20192019-03-21
The United Kingdom House of Lords (the “House”) recently released a report suggesting the creation of a "Digital Authority" in an effort to regulate the technological world, most notably online giants.  While the "Digital Authority" is not expected to replace the roles that organizations such as the UK Information Commissioner's Office play in the industry, it aims to collaborate with such organizations and recommend "additional powers" if there are significant problems.
Deeth Williams Wall https://www.dww.com/articles/uk-house-of-lords-releases-report-calling-for-digital-authority-to-regulate-technological

Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker

Copyright
March 21, 2019March 21, 20192019-03-21
On March 4, 2019, the United States Supreme Court issued its decision in Fourth Estate Public Benefit Corp v Wall-Street.com, LLC, 586 US (2019) finding that a claim for copyright infringement cannot be filed until after the US Copyright Office has granted registration for the work.
Deeth Williams Wall https://www.dww.com/articles/celebrities-to-dismiss-refile-their-copyright-infringement-claims-against-fortnite-game

US Government Accountability Office Recommends New Privacy Law US Government Accountability Office Recommends New Privacy Law

Privacy
March 6, 2019March 6, 20192019-03-06
On January 15, 2019, the US Government Accountability Office (GAO) released its report recommending that Congress develop comprehensive Internet privacy legislation to better protect consumers.
Deeth Williams Wall https://www.dww.com/articles/us-government-accountability-office-recommends-new-privacy-law

New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes

Trademark
March 6, 2019March 6, 20192019-03-06
With the recent success of Christian Louboutin enforcing their trademarked red-soled shoes, it seems like other companies are taking their chances on similar protection.  Reginald Bendolph, a shoe company based out of Irvington, New Jersey, recently filed a trademark application on shoes with the sole painted green.   The company cites that their first use of a green sole on shoes dates back to March 2017 in their application. 
Deeth Williams Wall https://www.dww.com/articles/new-jersey-based-shoe-designer-seeks-protection-of-greensoled-shoes

Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets

Trade-secret
March 6, 2019March 6, 20192019-03-06
On February 21, 2019, the Supreme Court of Newfoundland and Labrador General Division (Court) issued its decision in Safety First Contracting (1995) Ltd v Murphy, 2019 NLSC 47 finding that Safety First Contracting (1995) Ltd (Safety First) failed to prove its allegations that its former employee, Mr Patrick Murphy (Murphy), breached any obligation of confidentiality and non-competition or that he wrongfully converted trade secrets.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-newfoundland-and-labrador-on-confidentiality-competition-and-trade

Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data

Privacy
March 6, 2019March 6, 20192019-03-06
On February 20, 2019, the Toronto Star (“Star”) reported that the Office of the Information and Privacy Commissioner of Ontario is launching an investigation into the sale of anonymized health data to IQVIA, a US based health data company.  IQVIA has a data-sharing arrangement with an electronic medical record software company that enables IQVIA to obtain de-identified patient records from primary care practices in the province.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-to-launch-investigation-into-sale-of-%E2%80%9Canonymized%E2%80%9D-health-data

Federal Court Dismisses Application to Expunge Horlicks Trademarks Federal Court Dismisses Application to Expunge Horlicks Trademarks

Trademark
March 6, 2019March 6, 20192019-03-06
On February 19, 2019, the Federal Court (Court) issued its decision in Bedessee Imports Ltd. v. GlaxoSmithKline Consumer Healthcare (UK) IP Limited (2019 FC 206), dismissing an application brought by Bedessee Imports Ltd (Bedessee) to expunge GlaxoSmithKline Consumer Healthcare (UK) IP Limited (GSK)’s HORLICK’S and HORLICKS trademarks. Bedessee sought to expunge GSK’s HORLICK’S and HORLICKS trademarks registered in 1917 and 1952 respectively (the Marks), on the basis that they:
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-horlicks-trademarks

Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys

Trademark
March 6, 2019March 6, 20192019-03-06
The Brooklyn Nets of the National Basketball Association (NBA") recently wore limited-edition basketball jerseys inspired by Brooklyn-native rapper Notorious B.I.G.  The music artist, who was murdered in 1997, was known for his love for Brooklyn, lyrical ability and bright and colourful sweaters.  The NBA basketball team paid homage by including a design similar to the sweaters the rapper would wear as a trim on the jerseys (as shown in the photo).  Image Source: Brooklyn Nets
Deeth Williams Wall https://www.dww.com/articles/nike-and-nba-sued-for-copyright-infringement-over-rapperinspired-jerseys

ISED Canada Announces Patent Collective Pilot Program ISED Canada Announces Patent Collective Pilot Program

Patent
February 20, 2019February 20, 20192019-02-20
On February 13, 2019, Innovation, Science and Economic Development Canada (ISEDC) announced the Patent Collective Pilot Program (Patent Collective) to help small to medium sized businesses (SMEs) with their patent and intellectual property (IP) needs.
Deeth Williams Wall https://www.dww.com/articles/ised-canada-announces-patent-collective-pilot-program

Health Canada Releases its Regulatory Framework for Software as a Medical Device Health Canada Releases its Regulatory Framework for Software as a Medical Device

Regulatory Law
February 20, 2019February 20, 20192019-02-22
On January 29, 2019, Health Canada published its Draft Guidance Document for Software as a Medical Device (SaMD) to help clarify the regulatory framework and the license requirements applicable to SaMD under the Medical Devices Regulations (the “Regulations”).
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-its-regulatory-framework-for-software-as-a-medical-device

Federal Court of Appeal Upholds Punitive Damages in Patent Case Federal Court of Appeal Upholds Punitive Damages in Patent Case

Patent
February 20, 2019February 20, 20192019-02-20
On February 11, 2019, in Airbus Helicopters SAS v Bell Helicopter Textron Canada Limitée, 2019 FCA 29, the Federal Court of Appeal (FCA) upheld a one million dollar punitive damages award granted to Airbus Helicopters SAS (Airbus Helicopters) by the Federal Court (2017 FC 170) (Damages Judgment), as previously reported in the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-punitive-damages-patent-case

US Copyright Office Refuses Registration of Dance Moves US Copyright Office Refuses Registration of Dance Moves

Copyright
February 20, 2019February 20, 20192019-02-20
On January 22, 2019, the US Copyright Office refused registration for “The Carlton” dance.  “The Carlton” was made famous by Mr Alfonso Ribeiro (Ribeiro) through his performance on the early 90’s TV show, "The Fresh Prince of Bel-Air".  In issuing its decision to deny registration, the US Copyright Office stated that “The Carlton” dance is a “simple routine that is not registrable as a choreographic work.” 
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-refuses-registration-of-dance-moves

Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes

Trademark
February 20, 2019February 20, 20192019-02-20
On February 6, 2019, French shoe designer Maison Christian Louboutin struck a victory in The Hague District Court against high street shoe brand Van Haren over the protection of the red soles on their shoes.  The case in the Netherlands dates back to 2012, and follows a June 2018 decision, previously reported in the E-TIPS® Newsletter here, from the European Court of Justice that held that Louboutin's claim that the use of a specific shade of red on the
Deeth Williams Wall https://www.dww.com/articles/fashion-designer-wins-landmark-trademark-dispute-over-redsoled-shoes

Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks

Trademark
February 20, 2019February 20, 20192019-02-20
The Canadian Intellectual Property Office (CIPO) has seen thousands of trademark applications from the cannabis industry.  In fact, there are currently more than 3,700 trademark applications pending in Canada covering “cannabis” or “marijuana”.
Deeth Williams Wall https://www.dww.com/articles/toronto-maple-leafs-oppose-snoop-dogg%E2%80%99s-cannabis-related-trademarks

Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use

Trademark
February 6, 2019February 6, 20192019-02-06
On January 17, 2019, the Federal Court of Appeal (FCA) published its decision in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd (2019 FCA 10), dismissing the appeal of Sadhu Singh Hamdard Trust (Trust) from a decision of the Federal Court (FC) that held that Trust’s proposed word mark, AJIT, was unregistrable on the basis of distinctiveness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-holds-distinctiveness-can-only-be-acquired-by-use-canada-not

Federal Court Finds Lack of Jurisdiction on Matters of Patent Ownership under Contract in Infringement Action Federal Court Finds Lack of Jurisdiction on Matters of Patent Ownership under Contract in Infringement Ac...

Patent
February 6, 2019February 6, 20192019-02-06
On December 14, 2018, the Federal Court (FC) issued a decision in Farmobile, LLC v. Farmers Edge Inc.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-lack-of-jurisdiction-on-matters-of-patent-ownership-under-contract

OSFI Releases Advisory on New Technology and Incident Reporting Requirements OSFI Releases Advisory on New Technology and Incident Reporting Requirements

Information Technology
February 6, 2019February 6, 20192019-02-06
On January 24, 2019, the Office of the Superintendent of Financial Institutions (OSFI) released a Technology and Cybersecurity Incident Reporting Advisory (Advisory) that creates new incident reporting obligations applicable to all FRFIs, effective as of March 31, 2019.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-advisory-on-new-technology-and-incident-reporting-requirements

Ontario Superior Court Refuses to Hear Sanofi’s Motion for Summary Judgment Involving the Ramipril Drug Ontario Superior Court Refuses to Hear Sanofi’s Motion for Summary Judgment Involving the Ramipril Drug

Pharmaceutical Patent Litigation
February 6, 2019February 6, 20192019-02-06
On January 11, 2019, in Apotex Inc. v Schering Corporation (2019 ONSC 299), Justice Dunphy of the Ontario Superior Court refused to schedule Schering and Sanofi-Aventis’ (collectively “Sanofi”) motion for summary judgment on the issue of Apotex’s claim for compensation under the Ontario Monopolies Act, U.K. Monopolies Act and Trade-marks Act (collectively “Monopolies Act”).
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-refuses-to-hear-sanofi%E2%80%99s-motion-for-summary-judgment-involving

Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation

Regulatory Law
January 23, 2019January 23, 20192019-01-23
On December 22, 2018, Regulations Amending the Cannabis Regulations (New Classes of Cannabis) and Proposed Order Amending Schedules 3 and 4 to the Cannabis Act (collectively, the "Proposed Regulations") were published in Canada Gazette, Part I.
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-on-cannabis-edibles-extracts-and-topicals-published-for-consultation

Football Player's Trademark Application Denied Due to False Connection Football Player's Trademark Application Denied Due to False Connection

Trademark
January 23, 2019January 23, 20192019-01-23
As previously reported in the E-TIPS® Newsletter, Miami Dolphins defensive back Minkah Fitzpatrick filed a US trademark application for "Fitzmagic," a nickname he claims to have gone by since high school.  However, the timing of Minkah’s filing was suspicious, as the nickname was then being used by the media to describe the impressive play of Tampa Bay Buccaneers journeyman quarterback Ryan Fitzpatrick.  Ryan had no inclination or desire to
Deeth Williams Wall https://www.dww.com/articles/football-players-trademark-application-denied-due-to-false-connection

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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